1 total
Motion to dismiss denied; union's unilateral withdrawal of grievance did not appropriately deal with human rights substance.
The respondent school board brought a request to dismiss the human rights application under s. 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with during a prior grievance process.
The applicant's union had previously filed a grievance regarding her termination but later withdrew it without prejudice.
The Tribunal found that the unilateral withdrawal of the grievance by the union did not appropriately deal with the substance of the human rights application.
The request to dismiss was denied and the matter was referred to mediation.
